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OHADA Adopts and Updates Laws on Arbitration and Mediation

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On 23 and 24 November 2017, the Council of Ministers of OHADA (“L’Organisation pour l’Harmonisation en Afrique du Droit des Affaires” – OHADA) adopted three major tools aimed at favouring alternative dispute resolution mechanisms in African countries. More specifically, the Council of Ministers adopted (i) a new Uniform Act on Mediation; (ii) a revised Uniform Act on Arbitration; and (iii) updated rules of arbitration of the Common Court of Justice and Arbitration (the CCJA).READ MORE

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Exequatur of Arbitral Awards: French Supreme Court Rules on Commercial Contract Vitiated by Corruption

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On 13 September 2017, the French Supreme Court (the Supreme Court) upheld two decisions of the Paris Court of Appeal which had refused to enforce an arbitral award handed down on the basis of a contract obtained through corruption.READ MORE

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China Signs The Hague Convention on Choice of Court Agreements

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On 12 September 2017, the People’s Republic of China (China) signed The Hague Convention of 30 June 2005 on Choice of Court Agreements (the Convention).

This Convention aims at encouraging international judicial cooperation by requiring courts of member States (i) to respect exclusive forum clauses agreed upon by parties in their commercial agreements (Chapter II of the Convention); and (ii) to recognise and enforce judgments and court decisions rendered abroad (Chapter III of the Convention).READ MORE

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Latest Developments on Multilateral Investment Court – EU Commission Holds Stakeholder Meeting

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As I have already discussed in previous articles, the European Commission (the Commission) has been pushing forward a proposal for the establishment of a multilateral investment court (the Multilateral Investment Court) in order to address the numerous criticisms concerning existing investor-State dispute resolution (ISDS) mechanisms.

In essence, the Commission’s proposal aims at dealing with procedural issues arising in the context of ISDS. In this vein the Commission proposes:

(i) The creation of a Multilateral Investment Court which would have exclusive jurisdiction to rule on investment claims and would therefore render forum-shopping and multiple parallel proceedings impossible;

(ii) That this Multilateral Investment Court would consist of a First Instance Tribunal and an Appellate Tribunal;

(iii) That judgments would be made by publicly appointed judges; and

(iv) That proceedings would be transparent; and

(v) That all interested parties would have a right to intervene.READ MORE

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UK Supreme Court Clarifies Restricted Scope of State Immunity in Employment Matters

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On 18 October 2017, the UK Supreme Court (the UK Supreme Court) handed down a judgment (Benkharbouche v. Secretary of State and Libya v. Janah) in which it considered the scope of State immunity and held that it could be limited by human rights legislation in the context of the employment of domestic staff.READ MORE

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